MTO officer did not file the ticket in court after 7 days

malandro
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MTO officer did not file the ticket in court after 7 days

by: malandro on
Wed Jun 05, 2013 4:41 pm

Hi

I got a ticket and got put out of service in Kemptsville ON on may 16. I sent the court a letter admitting my guilt and I made a payment online, as instructed on the back of the fine, on www.payfines.ca. My credit card was never charged. This morning I get an email from the Brockville court saying that they can't charge me because that fine has not been filed with that court by the MTO officer. So I grab the phone and call the court. The lady at that court tells me that the officer has 7 days to file the ticket with the court and if he doesn't, then it is automatically voided. I asked her what do I have to do and she tells me that I can forget about the ticket.

Next thing I called my company and the supervisor from the safety department tells me that whatever I was told from the court it is not true. They said that ON MTO officers take a month to file the fines with the court and that I am not of the hook.

So, who is wrong and who is right here, guys?

Here are the ticket and the email I received from the court :

https://dl.dropboxusercontent.com/u/680 ... oc0001.jpg

https://dl.dropboxusercontent.com/u/680 ... oc0002.jpg

I just don't want to end up arrested somewhere for not making the payment

Thanks


daggx
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by: daggx on
Wed Jun 05, 2013 9:36 pm

The person you talked to at the court is correct, the officer has to file the ticket with the court no later then 7 days after he issues it to you. I think the safety supervisor at your work may have misunderstood what you were asking. Because if an officer witnesses you commit an offence he can write you a ticket for that offence up to 30 days after the offence was committed. However, once he has written the ticket he must file it with the court within 7 days. That having been said I would make sure to keep the e-mail you got from the court and your copy of the ticket just in case somebody tries to make an issue of this later. I have posted the relevant section of the Provincial Offences Act below for your reference:

Part 1 Section 4
Filing of certificate of offence
4. A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons. 2009, c. 33, Sched. 4, s. 1 (4).
http://www.e-laws.gov.on.ca/html/statut ... _e.htm#BK4


Passing Thru
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by: Passing Thru on
Thu Jun 06, 2013 4:28 pm

The officer actually has 6 months to lay the charge if they decide to go by way of a part 3, and in some cases up to 3 years depending on the charge. Also since your part 1 offence notice wasn't filed in time the officer, at his discretion can still relay the charge within the statute of limitations on the charge. Although it will really depend on the seriousness of the charge whether they take the time to do that. I tend to only relay a charge if it was as a result of a collision or something like careless driving if it wasn't collision related for part 1's. I will almost always relay a part 3 matter if it is required.


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